Man charged after Facebook post

Saturday

Jan 12, 2013 at 12:01 AM

STOCKTON - Prosecutors have charged a Roseville man with making terrorist threats after he posted a comment on Facebook about a Manteca police officer who recently was cleared in a deadly officer-involved shooting.

Jennie Rodriguez-Moore

STOCKTON - Prosecutors have charged a Roseville man with making terrorist threats after he posted a comment on Facebook about a Manteca police officer who recently was cleared in a deadly officer-involved shooting.

The San Joaquin County District Attorney's Office in December found Officer John Moody was legally justified when he shot and killed 35-year-old Ernesto Duenez Jr. in June 2011.

A video of the shooting released by the Duenez family's attorney has sparked some public outrage toward Moody, Manteca police and the district attorney. It has at least 2 million views on various Internet sites, including YouTube.

And many have expressed their anger on a Facebook page that memorializes Duenez, which has drawn more than 5,000 followers.

One comment in particular caught the attention of Manteca police, who traveled more than 75 miles to Roseville on Wednesday to arrest Dominic Ray Aguilar, a 37-year-old cab driver and former Manteca resident, after he posted:

"50 rounds to your dome Moody."

Aguilar was arraigned on two felony charges Friday for making terrorist threats and resisting arrest in a hearing that was followed by a protest of about half a dozen people outside the San Joaquin County Superior Court Manteca branch.

The case is attracting criticism from supporters who say Aguilar's First Amendment rights are being violated.

Private defense attorney Tai Bogan, who accepted the case pro bono, said Aguilar's comment is within the lines of freedom of speech. It was an ambiguous comment and although it named Moody, it was not directed to the officer or meant to reach him as a threat, Bogan said.

Bogan said Aguilar had a lapse in judgment in expressing his frustration, but he had no intention of harming Moody.

"It has to be an immediate credible threat," Bogan said.

Aguilar has violent priors from a decade ago, including a firearm conviction, Deputy District Attorney Ron Indran argued in court.

But Bogan countered that his criminal past is exactly that: in the past. Aguilar owns a home in Roseville, is employed and has been a responsible person for many years, according to Bogan.

Aguilar's girlfriend, Aimee Jeffers, said she was surprised to learn Wednesday her boyfriend had been arrested for the statement.

"I about dropped to the floor, because I couldn't believe it," she said. "Now they're trying to silence anyone who says anything about this."

"He doesn't even own any weapons," said Jeffers, 40. "He's just angry about what's going on."

Friday's demonstration was organized by the Duenez family, which believes Manteca police officers are targeting their supporters using intimidation tactics.

"They want to make an example of (Aguilar)," said Sabrina Duenez, Ernesto Duenez Jr.'s sister.

Sabrina Duenez, 34, held a sign that read: "Justice for Dominic Aguilar."

"He didn't even know us. He was just expressing his feelings, as do thousands of people (on the Facebook page)," she said. "It's not the worst thing I've read that people put about Moody. People are disgusted.

"I can't believe they went this far."

The Duenezes have filed a wrongful death lawsuit in federal court, and they hired Oakland attorney John Burris. Burris also represented the family of Oscar Grant, who was shot and killed by BART police officers and has represented Dionne Smith, whose son, James Rivera, was shot by Stockton police officers after they said he attempted to hit them with the stolen van he was driving.

Burris said the allegations against Aguilar are "ridiculous."

"It's a freedom of speech question," Burris said. "He didn't say he was going to do it."

Manteca Police Chief Nick Obligacion could not be reached for comment Friday.

Duenez, a parolee, was killed June 8, 2011, as he was exiting a truck in front of his home in the 200 block of Flores Avenue. Officers were making contact with him on a domestic violence report.

According to the District Attorney's Office, Duenez was armed with an 8-inch, fixed-blade knife.

Duenez was told to put his "hands up" and "drop the knife now." Investigators said he ignored orders.

Duenez was struck by 11 bullets, including one to the head, the district attorney's report said. He had amphetamines and methamphetamine in his system at the time he died.

About one year ago, Officers Moody and Armen Avakian were granted a restraining order against Duenez's brother, Gabriel Duenez. They said the brother had been making threatening statements and shouting expletives at them outside the police station, as well as photographing and staring down Avakian's family members.

Aguilar is scheduled back in court Feb. 8 for further arraignment. Despite Bogan's attempts to have Aguilar freed on his own recognizance or have his bail set at $20,000, Superior Court Judge Ronald Northup set the bail at $150,000.